This invention relates to an automated method and system for controlling parking and for controlling non-consensual towing, also referred to as private property impound or PPI, in private property parking facilities and, more particularly, to a method and system for authorizing the removal and managing the towing process of illegally parked vehicles from commercial and residential private property.
Currently the control of private parking facilities such as parking structures, parking lots and non-public street parking to manage allowed parking and illegal parking may be accomplished in a number of ways depending on the laws of a region or state. In some jurisdictions an owner or their agent monitor parked vehicles and parking permits by human patrol of the parking facility to check vehicles. If a vehicle is not legally parked, the agent may exercise a number of options. These may include the issuing of a courtesy notice card or form by hand for placement on the vehicle.
In instances or jurisdictions in which a formal notice is necessary, a citation form warning the vehicle owner that the vehicle may be towed based on violation of the rules of the parking facility and applicable local laws may be prepared by the agent using for example a two sheet copy form with one copy placed on the vehicle and one copy transported to the property management. If a vehicle is in violation or remains parked illegally a non-consensual tow or private property impound (PPI) authorization form may be prepared by the agent to include the vehicle identity data; the date, time and place of the parking violation; and the reasons for the parking violation. The agent may then contact a towing company to tow the vehicle to an impound location; and where required by local law, notify the public agency, for example, the police of the towing of the vehicle.
The towing company operator may be required to prepare a towing service form with information similar to the PPI form and a release authorization as well information regarding the towing and impound location for a vehicle owner's pickup. The towing company may also have to notify a local public agency, for example, the police of the towing action. The documentation is often done using paper, multi-copy forms with authorization signatures and the notice or contact is often done by telephone.
Towing company operators or truck drivers risk their lives every day to assist stranded motorists and keep the roadways clear of disabled vehicles. Until recently, however, a lack of Federal and State laws allowed the ranks of the profession to be infiltrated by unscrupulous drivers who practice predatory towing. The worst cases of predatory towing involve “patrol” or “satellite” towing. That's when a tow truck driver, on a tip from a spotter, tows away a car illegally parked on private property, such as a no-parking area of a shopping mall or apartment complex. If that happens, the car owner has to pay the cost of towing, storage, and other fees to get the car back.
In the United States, several states have recently enacted or are in the process of creating laws that regulate the circumstances under which a car may be towed. These laws are designed to prevent “predatory towing” whereby a legally parked vehicle is towed—or an illegally parked vehicle is towed by a towing operator unaffiliated with the parking facility.
An example of new laws is one in California to protect vehicle owners against the worst of illegal towing. Under CVC22658, a towing company cannot commence the removal of a vehicle from private property without first obtaining written authorization from the property owner, authorized agent, lessee or an employee who must be physically present at the time of removal and verify the alleged violation. In addition California law requires the tow company to immediately and unconditionally release a vehicle if the driver arrives prior to it being towed from the private property and in transit. The intent is to avoid the likelihood of dangerous and violent confrontation and physical injury to vehicle owners and towing operators, the stranding of vehicle owners and their passengers at a dangerous time and location, and impeding expedited vehicle recovery, without wasting law enforcement's limited resources.
A tow truck operator who violates this law is subject to a civil misdemeanor, a fine of $2,500, and/or three months in jail. Also, vehicle owners who can prove they have been charged illegal or excessive towing or storage fees are entitled to recover four times the amount of those fees in small claims court.